Ogembo v District Land Adjudication & Settlement Officer Suba/Mbita Districts & 5 others (Environment & Land Petition 4 of 2022) [2024] KEELC 1388 (KLR)
The bottom line
#The High Court ordered the Deputy Registrar to sign land transfer documents for a family that refused to cooperate, finally enforcing a 2022 judgment.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the unopposed Notice of Motion dated 5th February 2024 seeking an order that the Deputy Registrar execute the mutation, application for Land Control Board consent and transfer instruments in terms of the Amended Decree of 26th July 2022 should be allowed
Key legal issues
#Whether the court should direct the Deputy Registrar to execute the mutation, Land Control Board consent application and transfer instruments to give effect to the Amended Decree
The application was allowed in terms of the principal order as the court found it meritorious and unchallenged.
The applicant relied on the amended decree of 26th July 2022 ordering subdivision of the suit property, the completed subdivision and demarcation by the Sub-County Surveyor, and the surveyor's prepared mutation requiring execution. The respondents were duly served per the affidavit of service of 11th March 2024 and did not oppose. Counsel for the applicant urged the court to grant the orders as unopposed. The court found the application steadfast, cogent and meritorious.
Legal principles established
#- An unopposed application that is supported by affidavit evidence, a decree and the enabling constitutional and statutory provisions may be granted where the court finds it meritorious.
Court orders
#- 1.The application is allowed in terms of the principal order: the Deputy Registrar is ordered and/or directed to execute the Mutation, Application for Consent of the Land Control Board, and the Transfer Instrument(s) in respect of LR No Lambwe West/Lambwe West 'B'/217, to facilitate the sub-division, transfer and registration of the resultant parcels in favour of the family of Norbert Ogembo Ongus, now Deceased, represented by the 5th and 6th Respondents, in terms of the Judgment of the Court and the Amended Decree made on 26th July 2022
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Articles 22(2), 27, 48 and 159(2)(c) of the Constitution of Kenya and sections 1A and 1B of the Civil Procedure Act (Chapter 21, Laws of Kenya)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In the premises, the application is hereby allowed in terms of the principal order as stated in paragraph 1 hereinabove.
The Honourable Court be pleased to order and/or direct the Honourable Deputy Registrar herein, to execute the Mutation, Application for Consent of Land Control Board, together with the Transfer Instrument(s) over and in respect of LR No LAmbwe West/lambwe West‘B’/217
I take into account the nature of the application and the provisions of the Constitution and the law under which it was originated. It is steadfast, cogent and meritorious.
Issues in the judgment
#The judgment does not state the case/petition number or neutral citation.
The judgment does not expressly identify the court; the coram shows 'JUDGE' sitting at Homa Bay.
The judgment cites 'Constitution of Kenya, 2020' which is an apparent error in the judgment text (the Constitution is of 2010).
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogembo v District Land Adjudication & Settlement Officer Suba/Mbita Districts & 5 others (Environment & Land Petition 4 of 2022) [2024] KEELC 1388 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1388/eng@2024-03-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.